[Title 28 CFR 19]
[Code of Federal Regulations (annual edition) - July 1, 2009 Edition]
[Title 28 - JUDICIAL ADMINISTRATION]
[Chapter I - DEPARTMENT OF JUSTICE]
[Part 19 - USE OF PENALTY MAIL IN THE LOCATION AND RECOVERY OF MISSING]
[From the U.S. Government Printing Office]
28JUDICIAL ADMINISTRATION12009-07-012009-07-01falseUSE OF PENALTY MAIL IN THE LOCATION AND RECOVERY OF MISSING19PART 19JUDICIAL ADMINISTRATIONDEPARTMENT OF JUSTICE
PART 19_USE OF PENALTY MAIL IN THE LOCATION AND RECOVERY OF MISSING
CHILDREN--Table of Contents
Sec.
19.1 Purpose.
19.2 Contact person for Missing Children Penalty Mail Program.
19.3 Policy.
19.4 Cost and percentage estimates.
19.5 Report to the Office of Juvenile Justice and Delinquency
Prevention.
[[Page 408]]
19.6 Responsibility of DOJ organizational units for program
implementation and implementation procedures.
Authority: 39 U.S.C. 3220(a)(2), 5 U.S.C. 301.
Source: Order No. 1239-87, 52 FR 45174, Nov. 25, 1987, unless
otherwise noted.
Sec. 19.1 Purpose.
This regulation, providing for a Missing Children Penalty Mail
Program in the Department of Justice (DOJ), is intended to comply with
the regulation requirement set forth in section 1(a) of Public Law 99-
87, which adds a new section 3220 to title 39, U.S. Code. The regulation
also implements the Office of Juvenile Justice and Delinquency
Prevention (OJJDP) guideline (50 FR 46622) promulgated under the
authority of 39 U.S.C. 3220(a)(1), and is intended to assist in the
location and recovery of missing children through the use of DOJ penalty
mail.
Sec. 19.2 Contact person for Missing Children Penalty Mail Program.
The DOJ contact person for the Missing Children Penalty Mail Program
is: Patricia Schellman, General Services Staff, Justice Management
Division, U.S. Department of Justice, 10th and Constitution Ave., NW.,
Washington, DC 20530, telephone number (202) 633-2353.
Sec. 19.3 Policy.
(a) The Department of Justice will supplement and expand the
national effort to assist in the location and recovery of missing
children by maximizing the economical use of missing children
photographs and biographical information in domestic penalty mail
directed to members of the public.
(b) Because the use of inserts printed with missing children
photographs and biographical information has been determined to be the
most cost effective method for general application of the program, DOJ's
first priority will be to insert, manually and via automated inserting
equipment, photographs and biographical data related to missing children
in a variety of types of penalty mail envelopes. These include:
(1) Standard letter-size envelopes (4\1/2\x9\1/
2\);
(2) Document-size envelopes (9\1/2\x12, 9\1/
2\x11\1/2\, 10x13); and
(3) Other envelopes (misc. size).
(c)(1) Maximum consideration will be given to the use of missing
children materials with high volume printing plant or distribution plan
mail that will be sent to the public or to Federal, State or local
government agencies. Every effort will be made to use the most cost
effective and efficient methods of obtaining, distributing, and
disseminating missing children information.
(2) In instances when the printing of photograph(s) and biographical
information directly on self-mailers and other publications
(newsletters, bulletins, etc.) and/or on penalty mail envelopes proves
to be practical and cost effective, this method may also be used.
Photographs and biographical information related to missing children may
be printed on the three types of penalty mail envelopes listed above.
(d) Missing children information shall not be placed on the
``Penalty Indicia'', ``OCR Read Area'', ``Bar Code Read Area'', and
``Return Address'' areas of standard letter-size envelopes per appendix
A of the OJJDP guideline as published in the November 8, 1985, Federal
Register (50 FR 46625).
(e) The National Center for Missing and Exploited Children (National
Center) will be the sole source from which DOJ will acquire the camera-
ready and other photographic and biographical materials to be
disseminated for use by DOJ organizational units. When printing missing
children information, DOJ will select subjects in accordance with the
schedule published by the National Center.
(f) DOJ will remove all printed penalty mail envelopes and other
materials from circulation or other use (i.e.: Use or destroy) within a
three month period from the date the National Center receives
information or notice that a child whose photograph and biographical
information have been made available to DOJ has been recovered or that
the parent(s) or guardian's permission to use the child's photograph and
biographical information has been withdrawn. The National Center will be
responsible for immediately notifying the DOJ contact person, in
writing, of the need to withdraw penalty mail envelopes and other
materials related to
[[Page 409]]
a particular child from circulation. Photographs which were reasonably
current as of the time of the child's disappearance shall be the only
acceptable form of visual media or pictorial likeness used on or in DOJ
penalty mail.
(g) DOJ will give priority to penalty mail that:
(1) Is addressed to members of the public and will be received in
the United States, its territories and possessions; and
(2) Is widely disseminated and read by DOJ employees such as inter-
and intra-agency publications and other media.
(h) All DOJ employee suggestions, ideas or recommendations for
innovative, cost-effective techniques for implementation of the Missing
Children Penalty Mail Program should be forwarded to the DOJ contact
person. DOJ Mail Managers shall hold biannual meetings to discuss the
status of implementation of the current plan, and to consider
recommendations to improve future plan implementation.
(i) This shall be the sole DOJ regulation implementing this program.
Sec. 19.4 Cost and percentage estimates.
It is estimated that this program will cost DOJ $78,000 during the
initial year. This figure is based on estimates of printing, inserting,
and administrative costs. It is DOJ's objective that 50 percent of DOJ
penalty mail contain missing children photographs and biographical
information by the end of the first year of the program.
Sec. 19.5 Report to the Office of Juvenile Justice and Delinquency Prevention.
DOJ will compile and submit to OJJDP, by June 30, 1987, a
consolidated report on its experience in implementation of 39 U.S.C.
3220(a)(2), the OJJDP guidelines and the DOJ regulation. The report will
consolidate information gathered from individual DOJ organizational
units and cover the period February 5, 1986 through March 31, 1987. The
report will provide the following information:
(a) DOJ's experience in implementation, including problems
encountered, successful and/or innovative methods adopted to use missing
children photographs and information on or in penalty mail, the
estimated number of pieces of penalty mail containing such information,
and the estimated percentage of total agency penalty mail, domestic
penalty mail, and domestic penalty mail directed to members of the
public which this number represents.
(b) The estimated total cost to implement the program, with
supporting detail (for example, printing cost, hours of labor or labor
cost, cost related to withdrawal of photographs, etc.).
(c) Recommendations for changes in the program which would make it
more effective.
Sec. 19.6 Responsibility of DOJ organizational units for program
implementation and implementation procedures.
(a) The General Services Staff, Justice Management Division (JMD),
will be the liaison between the National Center and the principal
organizational units of the Department. The General Services Staff, JMD
shall be responsible for:
(1) Developing and disseminating Departmentwide guidelines and
monitoring the implementation of the Missing Children Penalty Mail
Program.
(2) Ordering camera-ready copies and other photographic and
biographical material from the National Center, using the format
established by the Center, and distributing the material within the
Department of Justice.
(3) Immediately notifying DOJ components, in writing, of the need to
use or withdraw from circulation, within 90 days, penalty mail
envelopes, inserts and other material related to a recovered child or
child whose parent(s) or guardian has withdrawn consent to use the
photograph and biographical information. See 28 CFR 0.1, Organizational
Structure of the Department of Justice, for a listing of DOJ principal
organizational units designated as components.
(4) Collecting, analyzing and consolidating cost, mail volume data
and other program related information and reporting to OJJDP, by June
30, 1987, on DOJ's experience in implementing the program.
[[Page 410]]
(5) Conducting biannual meetings with selected components contacts
to discuss current plans and solicit suggestions and/or recommendations
for innovative and cost effective techniques to enhance the success of
the program.
(6) Providing guidance and assistance to components in internal
program development and implementation.
(7) Maintaining a list of DOJ personnel assigned to serve as Missing
Children Program Coordinators for the components.
(b) Bureau Mail Managers and components Executive/Administrative
Officers shall be responsible for:
(1) Establishing and implementing internal procedures and guidelines
for the dissemination and use of missing children photographs and
biographical information on or in domestic penalty mail. For example,
the Bureau Mail Manager will provide guidance to Bureau offices on the
types of missing children information which are available for use on or
in penalty mail and establish procedures for obtaining and using the
information, as appropriate.
(2) Identifying and reviewing publications and other Bureau media
for suitable use in disseminating missing children photographs and
information and obtaining approval for its use from the originating
office.
(3) Ensuring that all printed penalty mail envelopes, inserts, and
other penalty mail material containing photographs and biographical
information on a missing child are used or removed from circulation or
other use within 90 days from the date of DOJ notification by the
National Center to withdraw material for that child.
(4) Designating Missing Children Coordinator(s) at headquarters and
in each component and field office participating in the program.
(5) Arranging for printing and/or acquisition through designated
channels, adequate supplies of inserts or penalty mail envelopes and
other materials containing photographs and biographical data related to
missing children.
(6) Collecting and reporting to the General Services Staff, Justice
Management Division, the information identified in Sec. 19.5 of this
part as required for inclusion in the DOJ's consolidated report to
OJJDP.
(c) Component and Bureau Missing Children Program Coordinators shall
be responsible for:
(1) Insuring that adequate supplies of envelopes or inserts are
ordered, received or disseminated for use within the organizational unit
or requesting camera-ready copy for printing from the DOJ contact person
using a written form to be established by DOJ Guideline.
(2) Ensuring that the acquisition and use of missing children
information through inserts or printing of these materials in
publications or on envelopes is approved by appropriate authority within
the organizational unit.
(3) Maintaining and disseminating supplies of inserts, envelopes,
and camera-ready copy (for publications) to personnel who prepare
domestic penalty mail for dispatch through the U.S. Postal Service.
(4) Notifying employees within their organizational unit to use or
remove from circulation all printed penalty mail envelopes, inserts, and
other material containing a photograph and biographical information on a
missing child within 90 days from the date of DOJ notification by the
National Center to withdraw material for that child.
(5) Serving as the central point of contact within their
organizations for all matters relating to the Missing Children Penalty
Mail Program.
(6) Collecting and reporting essential management information
relating to the implemention of this program within their organizational
unit and reporting this information to the appropriate Bureau Mail
Manager or component Executive/Administrative Officer.
(d) Missing children pictures and biographical information shall not
be:
(1) Printed on penalty mail envelopes, inserts, or other materials
which are ordered and/or stocked in quantities which represent more than
a 90 day supply.
(2) Printed on blank pages or covers of publications that may be
included in the Superintendent of Documents' Sales Program or are to be
distributed to depository Libraries.
[[Page 411]]
(3) Inserted in any envelope and/or publication the contents of
which may be construed to be inappropriate for association with the
Missing Children Penalty Mail Program.
(e) Each component shall provide the General Services Staff, Justice
Management Division, with the name(s), telephone number(s) and mailing
address(es) of each designated Missing Children Program Coordinator
within 30 days of the effective date of this regulation.
(f) Each component shall submit a quarterly report to the General
Services Staff, Justice Management Division, within 5 days after the
close of each Fiscal Year quarter providing the specific information
identified in Sec. 19.5 concerning implementation and participation in
the program.